Citation Nr: 0725993
Decision Date: 08/21/07 Archive Date: 08/29/07
DOCKET NO. 03-03 940 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Los
Angeles, California
THE ISSUES
1. Entitlement to service connection for memory loss.
2. Entitlement to service connection for insomnia.
REPRESENTATION
Veteran represented by: California Department of
Veterans Affairs
ATTORNEY FOR THE BOARD
N. T. Werner, Counsel
INTRODUCTION
The veteran, who is the appellant, served on active duty from
March 1991 to June 1999.
This matter is before the Board of Veterans' Appeals (Board)
on appeal of rating decision, dated in October 2001, of the
Department of Veterans' Affairs (VA) Regional Office (RO) in
Los Angeles, California.
In May 2007, the veteran failed to appear at a hearing before
the Board.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC) in Washington, DC.
REMAND
On the claim of service connection for memory loss, the
service medical records show that in October 1994 the veteran
was assaulted and struck in the head with a hammer and he
lost consciousness for ten minutes. The diagnosis was
concussion.
Records of a Medical Board, dated in 1998 and 1999, disclose
no complaint, finding, or history of memory loss.
On initial VA examination in October 1999, four months after
the veteran's separation from service, memory loss was
diagnosed.
Accordingly, the Board finds that a remand is required to
obtain a medical opinion as to the relationship, if any,
between the memory loss first diagnosed shortly after service
and the injury the veteran suffered during service.
As for the claim of service connection for insomnia, the
service medical records disclose that in January 1996 and in
July 1996 the veteran complained of insomnia. In December
1996, the assessment was insomnia secondary to depression,
which was caused by the veteran's marital problems.
On VA examination in October 1999, the veteran was scheduled
for sleep study, but the results are not in the record.
Accordingly, the Board finds that a remand is required to
obtain a medical opinion as to whether the veteran currently
has insomnia and, if he does, whether it is related to an
injury or disease of service origin.
Accordingly, the appeal is REMANDED for the following action.
1. Obtain any in-patient records from
1994 to 1999 from the Army hospital at
Fort Hood, Texas.
2. Schedule the veteran for a VA
examination by a neurologist and
appropriate testing to determine:
a). Whether the veteran suffers from
memory loss, and, if so, whether it
is at least as likely as not that
the current memory loss is due to
the documented head injury in
October 1994 during service; and,
b). Whether the veteran suffers from
insomnia, and, if so, whether it is
at least as likely as not that the
current insomnia, is related to the
insomnia documented in 1996 during
service.
The claims folder must be made available
to the examiner for review.
In formulating the opinion, the examiner
is asked to consider that the term "at
least as likely as not" does not mean
"within the realm of possibility."
Rather, it means that the weight of the
medical evidence both for and against the
conclusion reached is so evenly divided
that it is as medically sound to find in
favor of the conclusion as it is to find
against it. If the requested opinion
cannot be provided without resort to
speculation, the examiner should so
state.
3. After the above has been completed,
adjudicate the claims. If any decision
remains adverse to the veteran, furnish
him a supplemental statement of the case
and return the case to the Board.
The veteran has the right to submit additional evidence and
argument on the matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
These claims must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board or by
the United States Court of Appeals for Veterans Claims
(Court) for additional development or other appropriate
action must be handled in an expeditious manner. See 38
U.S.C.A. §§ 5109B, 7112 (West Supp. 2006).
_________________________________________________
GEORGE E. GUIDO JR.
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board is appealable to the Court. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006).